PERMFILE71285

• Permit No: M2003016
• IBM Index Class Name: Permit File
• Doc Date: 9/24/2003
• Doc Name: Aggreement between AWC and SW Meadow LLC
• From: Lind Lawerence & Ottenhoff LLP
• To: DMG
• Media Type: D
• Archive: No

engineer. No construction shall begin until AWC approves the plans; provided,
however, that such approval shall not be unreasonably withheld. The intent of
this provision is to provide an operational well substantially similar to well 50354
in its existing location. If a site proves non-productive through no fault of AWC,
the Applicant shall have the burden of selecting another site beginning the
process anew.
4) PostSlunry Wall Requirements. After the installation of the slurry wall, should
ground water fluctuations on the Windell Property exceed the trigger identified by
the 24 month study, the Applicant shall implement the fallowing incremental
measures:
a) The Applicant shall deliver surface water to the Windell Property in an amount
necessary to restore groundwater levels to pre-mining levels. Such water rights
shall be legally available for delivery to and use upon the Windell Property for the
purposes of groundwater recharge. Applicant shall promptly reimburse AWC for
any loss of nursery stock incurred as a result of the lowering of the water table
below the trigger point,
b) If, in spite of Applicant's efforts to mitigate, groundwater levels remain below the
identified trigger point for a period of 90 days, the Applicant shall pay AWC the
lesser of 1) the appraised value of all affected acres; or 2) $90,000 in cash. The
$90,000 figure shall be escalated at 6% per annum for the life of the permit no.
M-2003-016. The parties shall jointly select a hydrologist and a real estate
appraiser who shall identify the affected areas and the value, per acre, of the
affected acres, respectively. AWC shall retain ownership of the affected acres.
AWC, at its discretion, may use the funds provided by the Applicant to purchase
an alternative property, and, if it does, the Applicant shall relocate AWC nursery
stock to the newly selected property at its sole cost and expense. Once a
payment has been made for affected acres, AWC shall not be entitled to an
additional payment for the same acres, regardless of ground water fluctuations,
provided, however, that additional payments may be made in later years for
additional affected acres. Nothing in this provision shall be construed to relieve
Applicant of the responsibility for implementation of the ongoing groundwater
mitigation strategies set forth herein, including, but not limited to the provision of
surface water to AWC under subparagraph (a) above.
5) Miscellaneous Provisions. As further consideration for the withdrawal of AWC's
objections in the DMG and County proceedings, Applicant agrees to :
a) To plant wetland vegetation on the shorelines of the pit, as reclaimed.
b) Include weed control and watering the seeding plan.
c) Include cool season grasses in the planting mix, and to increase the seeding rate
to 40 pounds pure live seed per acre.
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